Education Amendment (Record of School Achievement) Act 2012 (NSW)

An Act to amend the Education Act 1990 to replace the School Certificate with the Record of School Achievement; and for related purposes.

1Name of Act

This Act is the Education Amendment (Record of School Achievement) Act 2012.

2Commencement

This Act commences on the date of assent to this Act.

Schedule 1Amendment of Education Act 1990 No 8[1]Section 3 Definitions

Omit “a School Certificate” from the definition of recognised certificate in section 3 (1).

Insert instead “a Record of School Achievement”.

[2]Section 5 Principal objects of this Act

Omit “the curriculum for School Certificate and Higher School Certificate candidates” from section 5 (a).

Insert instead “the curriculum for candidates for the Record of School Achievement and the Higher School Certificate”.

[3]Section 5 (e)

Omit the paragraph. Insert instead:

(e)

to provide for the grant of Records of School Achievement and Higher School Certificates and for the accreditation of non-government schools that are competent to present candidates for them.

[4]Section 10 Minimum curriculum for secondary education (Years 7 to 10)

Omit “School Certificate” from section 10 (1) and (2) wherever occurring.

Insert instead “Record of School Achievement”.

[5]Section 11 Curriculum for Record of School Achievement candidates

Omit “School Certificate” wherever occurring.

Insert instead “Record of School Achievement”.

[6]Section 17 Additional curriculum requirements for government schools

Omit “the School Certificate” from section 17 (2).

Insert instead “the Record of School Achievement”.

[7]Section 18A Publication of school results

Omit paragraph (b) of the definition of school results in section 18A (1).

Insert instead:

(b)

results of recognised certificate examinations and related assessments,

[8]Section 18A (6) (c)

Omit “in the case of results of School Certificate or Higher School Certificate examinations and related assessments”.

Insert instead “in the case of results of recognised certificate examinations and related assessments”.

[9]Part 8, heading and Part 8, Division 2, heading

Omit “Certificates” wherever occurring. Insert instead “Awards”.

[10]Section 84 Accreditation of existing registered non-government schools

Omit the section.

[11]Section 85 Applications for accreditation of registered non-government schools

Omit “the School Certificate” from section 85 (1).

Insert instead “the Record of School Achievement”.

[12]Section 93 Conducting school that is not accredited

Omit “the School Certificate” from section 93 (1) and (2) wherever occurring.

Insert instead “the Record of School Achievement”.

[13]Section 93 (1) and (2)

Omit “that Certificate” wherever occurring. Insert instead “that award”.

[14]Section 94

Omit the section. Insert instead:

94Record of School Achievement(1)

Records of School Achievement are to be granted by the Board to students:

• (a)

  who:

  • (i)

    have attended a government school, or

  • (ii)

    have attended a registered non-government school to which a current certificate of accreditation for presentation of candidates for the Record of School Achievement applies, or

  • (iii)

    have attended a school outside New South Wales recognised by the Board, and

• (b)

  who have participated, to the Board’s satisfaction, in courses of study which have been determined under this Act as appropriate to be undertaken by candidates for the Record of School Achievement, and

• (c)

  who have been accepted by the Board as having satisfactorily completed those courses of study, and

• (d)

  who have, to the Board’s satisfaction, undertaken the requisite examinations or other forms of assessment, and

• (e)

  who have complied with any requirements prescribed by the regulations or any requirements imposed by the Minister or the Board, and

• (f)

  who have completed Year 10.

(2)

The requisite examinations or other assessments may be conducted on a school-basis, but are to be moderated on a State-wide basis in the learning areas and in the manner determined by the Board.

(3)

The Board may refuse to grant a Record of School Achievement to a student whose attendance or application at school has been of such an unsatisfactory character that the granting of a Record of School Achievement would not, in the opinion of the Board, be justified.

(4)

Records of School Achievement are to be granted in the manner determined by the Board.

[15]Section 95 Higher School Certificate

Omit “School Certificate” from section 95 (1) (a).

Insert instead “Record of School Achievement”.

[16]Section 95A Award of Record of School Achievement or Higher School Certificate to students following special course of study

Omit “the requirement in section 94 that a candidate for the School Certificate undertake a test referred to in section 94 (2)” from section 95A (1).

Insert instead “the requirement in section 94 that a candidate for the Record of School Achievement undertake an examination or other assessment referred to in section 94”.

[17]Section 97 Reconsideration of decisions

Omit “a School Certificate” from section 97 (1).

Insert instead “a Record of School Achievement”.

[18]Section 98

Omit the section. Insert instead:

98Recording student results and activities and provision of transcript of study(1)

The Board is to keep a record of a student’s results in courses of study undertaken in Years 10, 11 and 12 for a recognised certificate at a government school or an accredited non-government school. The record may include any other information relating to the student’s activities while at school as the Board thinks appropriate.

(2)

The Board may provide a transcript of study that sets out a student’s record:

• (a)

  to the student, or

• (b)

  to the school attended by the student, or

• (c)

  to any other person or body authorised by the regulations.

(3)

The Board is required to provide a transcript of study to any of the following students if requested by the student:

• (a)

  a student who completes Year 10 (whether or not the student leaves school),

• (b)

  a student who undertakes courses of study in Year 11 or 12 for the minimum period determined by the Board (but only when the student leaves school).

(4)

Transcripts of study are to be provided in the manner determined by the Board.

(5)

A record is to be kept and a transcript of study provided under this section whether or not the student is also granted a recognised certificate.

(6)

The Board may provide special records of achievement to students with intellectual disabilities who undertake formal courses of study even though the courses are not undertaken for a recognised certificate.

[19]Schedule 3 Savings, transitional and other provisions

Insert at the end of clause 2 (1):

Education Amendment (Record of School Achievement) Act 2012

[20]Schedule 3

Insert at the end of the Schedule with appropriate Part and clause numbers:

PartProvisions consequent on enactment of Education Amendment (Record of School Achievement) Act 2012

The amendments made by the Education Amendment (Record of School Achievement) Act 2012 do not apply in relation to Year 11 or Year 12 students in 2012 or Year 12 students in 2013.

The amendments made to Division 1 of Part 8 of this Act by the Education Amendment (Record of School Achievement) Act 2012 do not affect any accreditation in force immediately before the commencement of those amendments. Any such accreditation for the purposes of presenting candidates for the School Certificate is taken to be an accreditation for the purposes of presenting candidates for the Record of School Achievement.

The amendment made to section 11 of this Act by the Education Amendment (Record of School Achievement) Act 2012 does not affect the curriculum during Year 7 to Year 10 for students who are candidates for the School Certificate that is in force immediately before the commencement of that amendment. Any such curriculum is (until duly changed) the curriculum during Year 7 to Year 10 for students who are candidates for the Record of School Achievement.

Schedule 2Amendment of Education Regulation 2007[1]Clause 4 Completion of Year 10

Omit “a School Certificate” from clause 4 (2) (a).

Insert instead “a Record of School Achievement”.

[2]Clause 4 (2) (b)

Omit “record of achievement issued under section 98 of the Act”.

Insert instead “transcript of study provided under section 98 of the Act on the completion of Year 10”.

[3]Clause 4 (3) (b) (ii) and (5) (definition of “non-accredited school”)

Omit “School Certificate” wherever occurring.

Insert instead “Record of School Achievement”.